THE Indian Supreme Court has delivered a severe blow to the principles of justice by supporting Modi Government'’s decision to revoke the special status of illegally India-occupied Jammu and Kashmir. This move, unfortunately, reflects saffronization within the Indian judiciary, aligning itself with the political motives of Modi rather than serving as an impartial upholder of justice.
The underlying intent is obvious – an attempt to erase the unique identity and Muslim character of Kashmir. It is crucial to underscore, however, that this verdict does not hold any weight in altering the internationally-recognized disputed status of the region. The fact of the matter is that Jammu and Kashmir is a disputed territory and there are several UN Security Council resolutions on it which recognize the right of self-determination of Kashmiri people. Hence, no Indian institution has the authority to change the disputed status of the occupied territory. Regrettably, the predictability of the judgment is not surprising, given the historical context of Indian courts rendering decisions against Muslims. The backing of the Indian judiciary has allowed religious places like mosques and churches to be converted into temples, depriving minorities of their right to freely practice their religious obligations. As caretaker Foreign Minister Jalil Abbas Jilani stated at a news conference on Tuesday, the judicial endorsement of India’s actions on August 5, 2019, is yet another instance of justice being seemingly subverted, relying on distorted historical and legal arguments. We have no doubt in saying that the Kashmiri people, resolute in their stance, will never succumb to India’s such oppressive tactics. Even pro-Indian Kashmiri leaders, like National Conference Vice President Omar Abdullah, expressed disappointment emphasizing that the struggle will persist. While the Modi Government continues its oppressive campaign in IIOJK, it is likely to further accelerate blatant human rights violations to achieve its sordid designs. We need to forcefully take up Indian violation of international laws and Security Council resolutions at all the forums including the United Nations. The matter should be brought to the notice of the UN Secretary General. The global stage must be made aware of India'’s attempts to suppress the legitimate struggle of Kashmiris through political manoeuvring and a seemingly compliant judiciary.
